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9th Circuit Reverses Ruling Dismissing Couple's Lending Law Action Wednesday Feb 22,2012
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Dec. 29 overturned a federal judge in California's ruling dismissing a couple's lawsuit under the Truth in Lending Act (TILA) because the plaintiffs should be allowed to present evidence as to whether disclosures they received when closing on the refinancing of their home mortgage loan were adequate (Victor Balderas, et al. v. Countrywide Bank, N.A., et al., No. 10-55064, 9th Cir.; 2011 U.S. App. LEXIS 25957; See December 2009, Page 10). Full story on lexis.com read more >>


Lender's Summary Judgment Award In TILA Case Reversed By 9th Circuit Wednesday Feb 22,2012
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Dec. 29 reversed a lender's summary judgment award in a Truth in Lending Act (TILA) lawsuit and ordered a federal judge in California to have the lender release its lien on the plaintiff's home and determine the amount the plaintiff must tender to the bank to complete the rescission of a refinancing loan (Willie J. Causey Jr. v. U.S. Bank National Association, No. 10-56021, 9th Cir.; 2011 U.S. App. LEXIS 25970). Full story on lexis.com read more >>


Some Classes Certified In Action Alleging Improper Line Of Credit Suspension Wednesday Feb 22,2012
SAN JOSE, Calif. - A federal judge in California on Jan. 5 certified a class and subclass but denied certification of another class and two subclasses in a case in which homeowners allege that Washington Mutual Bank (WaMu) improperly suspended their home equity lines of credit (Jeffrey Schulken, et al. v. Washington Mutual Bank, Henderson, NV, et al., No. 09-02708, N.D. Calif.). Full story on lexis.com read more >>


Judge Finds Proposed Loan Modification Class Imprecise, May Lack Numerosity Wednesday Feb 22,2012
SAN DIEGO - A federal judge in California on Dec. 29 denied without prejudice a motion to certify a class for borrowers who were denied permanent loan modifications from BAC Home Loans Servicing LP after finding that the proposed class definition was imprecise and could not have sufficient numbers to support a class action (Dennis Shaw, et al. v. BAC Home Loans Servicing LP, No. 10cv2041 BTM, S.D. Calif.; 2011 U.S. Dist. LEXIS 149416). Full story on lexis.com read more >>


Federal Judge Dismisses All But 1 Claim In Mortgage Refinancing Suit Wednesday Feb 22,2012
MEMPHIS, Tenn. - A federal judge in Tennessee on Jan. 20 dismissed all counts except a breach of contract claim in a case in which the recipient of a loan alleges that the servicer of the loan unlawfully failed to apply her monthly mortgage payments to property taxes (Judy Royal v. Select Portfolio Servicing Inc., No. 11-02214, W.D. Tenn.; 2012 U.S. Dist. LEXIS 6712). Full story on lexis.com read more >>

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